This appeal by the plaintiff is directed against the

judgment and decree dated September 27, 2022 in O.S. No.

350/2020 passed by the Principal Senior Civil Judge and

CJM, Mysore rejecting the plaint under Order 7 Rule 1(d) of

the Civil Procedure Code, 1908.

2.

For the sake of convenience, parties shall be

referred as per their status before the Trial Court.

3.

Brief facts of the case are, defendant is the lessee

of a commercial property pursuant to lease agreement dated

01.07.2013. Plaintiff issued a notice dated 17.01.2020

calling upon the defendant to vacate and handover the

vacant possession of the suit property. Defendant did not

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comply with the request. Hence, plaintiff has brought the

instant suit for ejectment and damages.

4.

Defendant filed two I.A.s for rejection of plaint. In

the I.A. 3 it is pleaded that suit is barred by law and there

was no cause of action. In the I.A.4 it is pleaded the suit is

not maintainable in view of Section 69(2) of the Indian

Partnership Act, 1932¹. Both I.A.s have been allowed and

plaint has been rejected. Hence, this appeal.

5.

On the basis of the above pleadings, the Trial

Court has farmed following points for consideration:

i